Federal Register of Legislation - Australian Government

Primary content

Determinations/Other as amended, taking into account amendments up to Do Not Call Register (Administration and Operation) Amendment Determination 2015 (No. 1)
Administered by: Communications and the Arts
Registered 29 May 2015
Start Date 13 May 2015
Date of repeal 14 Sep 2017
Repealed by Do Not Call Register (Administration and Operation) Determination 2017

Do Not Call Register (Administration and Operation) Determination 2007

as amended

made under section 18 of the

This compilation was prepared on 26 May 2015
taking into account amendments up to
Do Not Call Register (Administration and Operation) Amendment Determination 2015 (No. 1).

Prepared by the Australian Communications and Media Authority.


Contents

 

1

Name of Determination [see Note 1]

2

2

Commencement

2

3

Definitions

2

4

Applications for registration and applications to check entries on the Register

2

5

Applications for correction of entries made on the Do Not Call Register

4

6

Correction of the Do Not Call Register

5

7

Removal of entries from the Do Not Call Register

5

8

Removal of ineligible numbers from the Do Not Call Register

7

11

Handling of complaints when Do Not Call Register is kept by a contracted service provider

7

Notes

 

8

  


1       Name of Determination [see Note 1]

This Determination is the Do Not Call Register (Administration and Operation) Determination 2007.

2       Commencement

This Determination commences on 3 May 2007.

3       Definitions

In this Determination:

Act means the Do Not Call Register Act 2006;

bulk application means an application in respect of 21 or more Australian numbers submitted at the same time by the same applicant;

fax number means an Australian number which is used or maintained exclusively for transmitting and/or receiving faxes.

Note   Several other words and phrases used in this Determination have the meanings given by section 4 of the Act. These include:

·       ACMA

·       Australian number

·       contracted service provider

·       Do Not Call Register

·       emergency service number

·       fax

·       government body

·       nominee

·       relevant account-holder

4       Applications for registration and applications to check entries on the Register

(1)           A relevant account-holder, or a nominee of a relevant account-holder, may apply in accordance with the Act to register an Australian number on the Do Not Call Register, and may apply to access the Do Not Call Register to check whether a number of the relevant account-holder has been registered.

(2)           Subject to subsections (3), (4), (5), (6) and (7), an application by a relevant account-holder or a nominee of a relevant account-holder to register an Australian number on the Do Not Call Register, or an application by a relevant account-holder or a nominee of a relevant account-holder to check an entry on the Do Not Call Register, may be made using the following application methods:

(a)                     by telephone; or

(b)                    via the internet; or

(c)                     by post; or

(d)                    by fax; or

(e)                     by e-mail; or

(f)                     in any other way approved by the ACMA and specified:

(i)            on the ACMA’s website; and

(ii)          if the Do Not Call Register is kept by the contracted service provider - on the website of the contracted service provider.


 

(3)     A relevant account-holder may only apply to register a fax number by telephone, or to check an entry relating to a fax number by telephone if the ACMA so approves that method in respect of such applications and that approval is specified:

(a)           on the ACMA’s website; and

(b)          if the Do Not Call Register is kept by the contracted service provider - on the website of the contracted service provider.

(4)     A bulk application by a relevant account-holder to register Australian numbers, or to check entries on the Do Not Call Register, may only be made by telephone, post, fax or e-mail if the ACMA so approves such a method in respect of such applications and that approval is specified:

(a)           on the ACMA’s website; and

(b)          if the Do Not Call Register is kept by the contracted service provider - on the website of the contracted service provider.

(5)     Unless the nominee is making a bulk application, a nominee of a relevant account-holder may only apply to register an Australian number, or to check an entry on the Do Not Call Register, by telephone or via the internet, if the ACMA so approves such a method in respect of such applications and that approval is specified:

(a)           on the ACMA’s website; and

(b)          if the Do Not Call Register is kept by the contracted service provider - on the website of the contracted service provider.

(6)     If a nominee is making a bulk application to register Australian numbers on the Do Not Call Register, or to check entries on the Do Not Call Register, the nominee may only do so by telephone, post, fax or e-mail if the ACMA so approves such a method in respect of such applications and that approval is specified:

(a)           on the ACMA’s website; and

(b)          if the Do Not Call Register is kept by the contracted service provider - on the website of the contracted service provider.

(7)     An application by a relevant account-holder, or nominee of a relevant account-holder, to register an Australian number on the Do Not Call Register, or to check an entry on the Do Not Call Register, using any of the application methods set out in this section, must be made in accordance with any written procedure approved by the ACMA and include any information reasonably required by the ACMA as specified on:

(a)           the ACMA’s website; and

(b)          if the Do Not Call Register is kept by the contracted service provider - the website of the contracted service provider.

 

(8)     Following an application to register an Australian number made in accordance with this Determination, the ACMA or the contracted service provider must enter the Australian number(s) sought to be registered, including the area code, if any, on the Do Not Call Register.

Note 1   The ACMA or the contracted service provider is not required to obtain confirmation of intention to register an Australian number, before registering that Australian number on the Do Not Call Register.


Note 2   The ACMA and the contracted service provider (if any) are both bound by the Privacy Act 1988.

Note 3   No fee is payable for registration.

Note 4   Giving false or misleading information may be an offence under section 137.1 of the Criminal Code.

(9)     Following an application made in accordance with this Determination to check an entry on the Do Not Call Register, the ACMA or the contracted service provider must advise the applicant as soon as practicable, whether the number(s) sought to be checked is registered on the Do Not Call Register.

Note 1   The ACMA and the contracted service provider (if any) are both bound by the Privacy Act 1988.

Note 2   No fee is payable for accessing the Do Not Call Register to check whether a number has been registered.

Note 3   Giving false or misleading information may be an offence under section 137.1 of the Criminal Code.

5       Applications for correction of entries made on the Do Not Call Register

(1)     A relevant account‑holder, or nominee of a relevant account-holder, may apply to correct an entry relating to a number of the relevant account‑holder on the Do Not Call Register.

(2)     Subject to subsections (3), (4) and (5), an application by a relevant account-holder, or nominee of a relevant account-holder, to correct an entry on the Do Not Call Register may be made using the following application methods:

(a)           by telephone; or

(b)          via the internet; or

(c)           by post; or

(d)          by fax; or

(e)           by e-mail; or

(f)           in any other way approved by the ACMA and specified:

(i)       on the ACMA’s website; and

(ii)     if the Do Not Call Register is kept by the contracted service provider - on the website of the contracted service provider.

(3)     Unless the application is a bulk application, a relevant account-holder, or nominee of a relevant account-holder, may only apply to correct an entry by telephone or via the internet if the ACMA so approves such a method in respect of such applications and that approval is:

(a)           specified on the ACMA’s website; and

(b)          if the Do Not Call Register is kept by the contracted service provider - specified on the website of the contracted service provider.

(4)     If the application is a bulk application, a relevant account-holder, or nominee of a relevant account-holder, may only apply to correct entries by telephone, post, fax or e-mail if the ACMA so approves such a method in respect of such applications and that approval is:

(a)           specified on the ACMA’s website; and

(b)          if the Do Not Call Register is kept by the contracted service provider - specified on the website of the contracted service provider.


 

(5)     An application by a relevant-account holder, or nominee of a relevant account-holder, to correct an entry on the Do Not Call Register, using any of the application methods set out in this section, must be made in accordance with any written procedure approved by the ACMA and include any information reasonably required by the ACMA as specified on:

(a)           the ACMA’s website; and

(b)          if the Do Not Call Register is kept by the contracted service provider - the website of the contracted service provider.

Note 1  The ACMA or the contracted service provider is not required to obtain confirmation of intention to correct an entry, before correcting that entry on the Do Not Call Register.

Note 2   The ACMA and the contracted service provider (if any) are both bound by the Privacy Act 1988.

Note 3   No fee is payable for correction of the Do Not Call Register.

Note 4   Giving false or misleading information may be an offence under section 137.1 of the Criminal Code.

6       Correction of the Do Not Call Register

(1)     ACMA or the contracted service provider may check the correctness of an entry on the Do Not Call Register at any time, and must do so if it receives an application under section 5 in relation to that entry.

(2)     If ACMA or the contracted service provider determines that an entry on the Do Not Call Register is incorrect, ACMA or the contracted service provider must:

(i)            before any correction is made, inform the person identified by ACMA or the contracted service provider as the relevant account‑holder for the number associated with the entry that the entry is to be corrected; and

(ii)          correct the entry.

7       Removal of entries from the Do Not Call Register

(1)     A relevant account-holder, or nominee of a relevant account-holder, may apply to remove an entry for a number of the relevant account holder from the Do Not Call Register.

(2)     Subject to subsections (3), (4), (5), (6) and (7), an application by a relevant account-holder, or nominee of a relevant account-holder, to remove an entry on the Do Not Call Register may be made using the following application methods:

(a)           by telephone; or

(b)          via the internet; or

(c)           by post; or

(d)          by fax; or

(e)           by e-mail; or

(f)           in any other way approved by the ACMA and:

(i)       specified on the ACMA’s website; and

(ii)     if the Do Not Call Register is kept by the contracted service provider - specified on the website of the contracted service provider.


 

(3)     Where an application is not a bulk application, and does not relate to a fax number, a relevant account-holder may only apply to remove an entry via the internet if the ACMA so approves such a method in respect of such applications and that approval is:

(a)     specified on the ACMA’s website; and

(b)     if the Do Not Call Register is kept by the contracted service provider - specified on the website of the contracted service provider.

(4)     Where an application is not a bulk application, and relates to a fax number, a relevant account-holder may only apply to remove an entry by telephone or via the internet if the ACMA so approves such a method in respect of such applications and that approval is:

(a)           specified on the ACMA’s website; and

(b)          if the Do Not Call Register is kept by the contracted service provider - specified on the website of the contracted service provider.

(5)     Where an application is not a bulk application, a nominee of a relevant account-holder may only apply to remove an entry by telephone or via the internet if the ACMA so approves such a method in respect of such applications and that approval is:

(a)           specified on the ACMA’s website; and

(b)          if the Do Not Call Register is kept by the contracted service provider - specified on the website of the contracted service provider.

(6)     If a relevant account-holder or nominee of a relevant account-holder is making a bulk application to remove Australian numbers from the Do Not Call Register, the relevant account-holder or nominee may only do so by telephone, post, fax or e-mail if the ACMA so approves such a method in respect of such applications and that approval is specified:

(a)           on the ACMA’s website; and

(b)          if the Do Not Call Register is kept by the contracted service provider - on the website of the contracted service provider.

(7)     An application by a relevant-account holder to remove an Australian number from the Do Not Call Register, using any of the application methods set out in this section, must be made in accordance with any written procedure approved by the ACMA and include any information reasonably required by the ACMA as specified on:

(a)           the ACMA’s website; and

(b)          if the Do Not Call Register is kept by the contracted service provider - the website of the contracted service provider.

(8)     Following an application made in accordance with this section, the ACMA or the contracted service provider must remove the entry from the Do Not Call Register.

Note 1   The ACMA or the contracted service provider is not required to obtain confirmation of intention to remove a number, before removing that number from the Do Not Call Register.

Note 2   The ACMA and the contracted service provider (if any) are both bound by the Privacy Act 1988.


 

Note 3   No fee is payable for removal of a number from the Do Not Call Register.

Note 4   Giving false or misleading information may be an offence under section 137.1 of the Criminal Code.

 

8          Removal of ineligible numbers from the Do Not Call Register

(1)     ACMA must remove, or require the contracted service provider to remove, an entry from the Do Not Call Register if ACMA is satisfied that:

(a)           the number associated with that entry is not eligible to be entered on the Do Not Call Register; or

(b)          the person who applied to register the number associated with that entry was not eligible, under section 15 of the Act, to register the number on the Do Not Call Register.

(2)     Before removing an entry from the Do Not Call Register under subsection (1), ACMA or the contracted service provider must inform the person identified by ACMA or the contracted service provider as the relevant account‑holder for the number associated with the entry that the entry is to be removed from the Do Not Call Register.

11     Handling of complaints when Do Not Call Register is kept by a contracted service provider

(1)     This section applies if the Do Not Call Register is kept by a contracted service provider.

(2)     The contracted service provider must deal with complaints and enquiries about the administration and operation of the Do Not Call Register.

(3)     The contracted service provider must refer to ACMA any complaints about a breach of:

(a)           the Act; or

(b)          any regulations made under the Act; or

(c)           any code made, or standard registered, under the Telecommunications Act 1997 that relates to the Do Not Call Register.

 


Notes to the Do Not Call Register (Administration and Operation) Determination 2007

Note 1

The Do Not Call Register (Administration and Operation) Determination 2007 (in force under section 18 of the Do Not Call Register Act 2006) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Do Not Call Register (Administration and Operation) Determination 2007

1 May 2007 (See F2007L01220)

3 May 2007

 

Do Not Call Register (Administration and Operation) Amendment Determination 2007 (No. 1)

13 July 2007 (See F2007L02215)

14 July 2007

Do Not Call Register (Administration and Operation) Amendment Determination 2010 (No. 1)

28 May 2010 (See F2010L01493)

30 May 2010 (see r. 2 and F2010L01325)

Do Not Call Register (Administration and Operation) Amendment Determination 2010 (No. 2)

21 June 2010 (See F2010L01632)

21 June 2010

Do Not Call Register (Administration and Operation) Amendment Determination 2012 (No. 1)

27 January 2012 (See F2012L00092)

1 March 2012

Do Not Call Register (Administration and Operation) Amendment Determination 2015 (No. 1)

12 May 2015

(See F2015L00673)

13 May 2015

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

S. 3.........................................

rs. 2012 No. 1

Note to s. 3............................

rs. 2010 No. 1

S. 4.........................................

am. 2007 No. 1; 2010 Nos. 1 and 2; rs. 2012 No. 1

Note to s. 4 (3)......................

ad. 2010 No. 1

Note 1 to s. 4 (11)................

ad. 2010 No. 1

Note 2 to s. 4 (11)................

ad. 2010 No. 1

Note 3 to s. 4 (11)................

ad. 2010 No. 1

Note 4 to s. 4 (11)................

ad. 2010 No. 1

S. 5.........................................

am. 2010 Nos. 1 and 2; rs. 2012 No. 1

Note to s. 5 (4)......................

ad. 2010 No. 1

Note 1 to s. 5 (8)...................

ad. 2010 No. 1

Note 2 to s. 5 (8)...................

ad. 2010 No. 1

Note 3 to s. 5 (8)...................

ad. 2010 No. 1

Note 4 to s. 5 (8)...................

ad. 2010 No. 1

S. 6.........................................

am. 2010 No. 1

S. 7.........................................

am. 2010 Nos. 1 and 2; rs. 2012 No. 1

Note to s. 7 (4)......................

ad. 2010 No. 1

Note 1 to s. 7 (9)...................

ad. 2010 No. 1

Note 2 to s. 7 (9)...................

ad. 2010 No. 1

Note 3 to s. 7 (9)...................

ad. 2010 No. 1

Note 4 to s. 7 (9)...................

ad. 2010 No. 1

Heading to s. 8.....................

am. 2010 No. 1

S. 8.........................................

am. 2010 No. 1

Heading to s. 9.....................

am. 2010 No. 1

S. 9.........................................

am. 2010 Nos. 1 and 2; rep. 2012 No. 1

Note to s. 9 (5)......................

ad. 2010 No. 1

Note 1 to s. 9 (13)................

ad. 2010 No. 1

Note 2 to s. 9 (13)................

ad. 2010 No. 1

Note 3 to s. 9 (13)................

ad. 2010 No. 1

S. 10.......................................

am. 2007 No. 1

 

rep. 2010 No. 1

 

ad. 2010 No. 2

 

rep. 2015 No. 1

S. 12.......................................

rs. 2010 No. 1

 

rep. 2015 No. 1